Kentucky v. Stincer
Headline: Court reverses state supreme court and rules that excluding a defendant from an in‑chambers child‑witness competency hearing did not violate his confrontation or due process rights because full cross‑examination occurred at trial.
Holding:
- Allows courts to hold in‑chambers child competency questioning when trial cross‑examination occurs.
- Gives prosecutors and judges flexibility in questioning young witnesses before trial begins.
- Reduces claims that being kept out of a hearing automatically violates rights.
Summary
Background
A man named Sergio Stincer was tried in Kentucky for first‑degree sodomy involving two young girls, ages seven and eight. After the jury was sworn but before evidence, the judge held a private in‑chambers hearing to test whether the girls were competent to testify. The defendant objected and was excluded from that hearing while his lawyer stayed. The judge questioned the children about age, school, and whether they knew what lying meant and found them competent. The girls later testified in open court and the defendant was convicted and sentenced to 20 years.
Reasoning
The Supreme Court majority focused on whether being excluded denied the defendant a fair chance to challenge the witnesses. The Court said the main practical protection is the chance to cross‑examine. Because the lawyer attended the private questioning, repeated key questions at trial, and fully cross‑examined the children in the defendant’s presence, the Court found no Confrontation Clause violation. For due process the Court said the defendant gave no evidence that his presence would have improved the competency ruling. The Court therefore reversed the Kentucky Supreme Court’s contrary decision.
Real world impact
The decision permits judges to hold child‑competency interviews out of the defendant’s presence when the defendant later can fully question the witnesses at trial. It affirms that routine background questioning of children in chambers does not automatically require the defendant be present. The ruling is not a final resolution of every such situation; questions that go into substantive testimony could change the result.
Dissents or concurrances
Justice Marshall’s dissent argued the Constitution guarantees the defendant a right to be present to assist counsel at critical testimonial proceedings and would have found a violation.
Opinions in this case:
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